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Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

DEI Under Scrutiny, Part IX: Alabama Bans Diversity, Equity, and Inclusion Programs and Departments for Public Institutions

Alabama has joined the growing list of states passing laws banning diversity, equity, and inclusion (DEI) initiatives in public institutions. On March 20, 2024, Governor Kay Ivey signed into law Senate Bill (SB) No. 129, a...more

DEI Under Scrutiny, Part III: High Court Wades Into Questions of Whether Title VII Sex Discrimination Requires Material Harm

During recent oral arguments in a case that could shift the balance in employment discrimination cases and impact employer diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) initiatives,...more

DEI Under Scrutiny, Part II: Spotlight on Environmental, Social, and Governance Considerations

This article is the second part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States. Part one of...more

Survey Says...The U.S. Government Wants Your Employment Data - Here Are Key Considerations for Responding

Total U.S. retail sales in June 2023 were down 1.2 percent from June 2022, according to data the U.S. Census Bureau released in September. In July 2023, a U.S. Bureau of Labor Statistics (BLS) release showed compensation...more

OFCCP Jump-Starts the 2024 Fiscal Year With New List of Mega Construction Designees

On October 6, 2023—less than a week into its new 2024 fiscal year (FY)—the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees, identifying twelve new construction...more

DOL Notifies Government Contractors That It Intends to Disclose EEO-1 Data for Non-Objectors

We recently reported on a Freedom of Information Act (FOIA) request covering government contractors’ 2016–2020 Type 2 EEO-1 reports announced in the Federal Register, pursuant to which contractors had until October 19, 2022,...more

OFCCP Launching Another Online Portal, This Time for Construction Contractors

​​​​​​​On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby “contracting officers, contractors, and applicants seeking federal assistance for...more

Alabama Workforce and Wage Gap Task Force Takes Aim at State’s Pay Disparities

​​​​​​​Alabama became the forty-ninth state to adopt equal pay legislation on June 11, 2019, with the enactment of the Clarke-Figures Equal Pay Act (CFEPA). The CFEPA, effective September 1, 2019, substantially tracks...more

EEO-1 Filing Platform Set to Open on April 12 With Abbreviated Filing Deadline of May 17: What’s the Rush?

Though the 2021 EEO-1 landing page labels the opening and closing dates for the 2021 EEO-1 filing cycle as “tentative,” the U.S. Equal Employment Opportunity Commission (EEOC) has notified prior filers that the 2021 filing...more

OFCCP Publishes Slightly Lower VEVRAA Hiring Benchmark for 2022

The Office of Federal Contract Compliance Programs (OFCCP) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. The new benchmark, effective March 31, 2022, is 5.5 percent, a...more

EEOC Makes Major Revisions to 2021 EEO-1 Filing Procedures for Third-Party Human Resource Organizations

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced its effort to modernize the agency’s EEO data collection by revising the procedures for professional employer organizations (PEOs), administrative...more

California Posts Updated Reference Materials and FAQs for Filing 2021 Pay Data Reports

The California Department of Fair Employment and Housing (DFEH) posted updates to its California Pay Data Reporting Portal User Guide and California Pay Data Reporting: Frequently Asked Questions (FAQ) guidance for the 2021...more

OFCCP Publishes Fiscal Year 2021 Corporate Scheduling Announcement List for Construction Contractors

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published its Corporate Scheduling Announcement List (CSAL) identifying 400 construction federal contractors and federally assisted contractors...more

Alabama Attorney General Issues Public Notice Summarizing State Law on Vaccine Requirements

On May 24, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 267 (Act No. 2021-493), a measure prohibiting state entities and private businesses from requiring individuals to show proof of vaccination in order to...more

Coming Soon to the Southeast? A Summary of Medical Marijuana Legalization Efforts in Alabama, Kentucky, and Mississippi

The 2020 state legislative sessions are underway across the country and a hot topic in many states is medical marijuana. As discussed last year, Alabama was poised to become the first Deep South state to enact a medical...more

Will Alabama Governor Sign Pay Equity Legislation?

Federal law already prohibits employers from paying an employee less than employees of another sex for equal work, unless the employer bases the wage difference on statutorily defined factors. Alabama and Mississippi were the...more

Alabama Governor Signs Pay Equity Legislation

On June 11, 2019, Governor Kay Ivey signed Alabama House Bill 225, making Alabama the 49th state to adopt equal pay legislation....more

A Back-to-School Progress Report

This is an update to our article, Back to School for ERISA Fiduciary Claims: How to Prepare for This Trend in University Litigation, which was published on August 22, 2017. As we discussed previously, over the past couple...more

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